Compensation awarded in fundamental rights case

[TamilNet, Thursday, 06 May 1999, 23:18 GMT]A three-member bench of the Supreme Court has ordered Rs: 50,000 as compensation to the petitioner in a fundamental rights violation case. The Supreme Court further ordered that the state should pay Rs:42,500/- and the Officer-in-Charge of the Cinnamon Gardens Police in Colombo should pay the balance amount Rs: 7250/- as compensation to the petitioner, Robert Gnanamuthu.

It transpired at the inquiry that the petitioner Robert Gnanamuthu was arrested on February 13 at Stanely Wijesundera Mawatte in Colombo by the army for not registering himself at the police station. Later the petitioner was handed over to the Cinnamon Gardens Police.

The petitioner was then produced in Colombo Magistrate's court though the petitioner possessed a national identity card, driving licence and the identity card issued by the institution where he studied.

In the magistrate's court, the petitoner was undefended as he had no money to retain an attorney-at-law. However the petitioner was discharged by the magistrate.

The petitioner thereafter filed this fundamental rights violation case in the Supreme Court stating his arrest was illegal.

This case came up for hearing before the three-member bench compromising Chief Justice Mr.G.P.S.de Silva, Justice Mrs Shiranee Bandaranaike and Justice Mr.A.S.Wijetunge.

At the conclusion of the inquiry the Supreme Court unanimously held that the petitioner's fundamental rights had been violated and made the above order.